Deluxe Cleaners may modify these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.
1. OUR SERVICES
Deluxe Cleaners provides pick-up and delivery services for dry cleaning, laundry, and related services. Deluxe Cleaners interacts with Dry Cleaners, Laundromats, and related partners (“Cleaners”) to clean and care for clothes and other items that you give to Deluxe Cleaners. Pick-up and delivery may be requested through the Site or App, or via email or SMS messaging.
3. USE OF THE SITE OR APP
3.1 Use Restrictions
Deluxe Cleaners alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services, including all as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Deluxe Cleaners’s licensors, and other materials (“Contents”). These Terms do not convey to you any rights of ownership in or related to the Services or the Content. Deluxe Cleaners’s name, logo, and the product names associated with the Services are trademarks of Deluxe Cleaners, its affiliated companies or third parties, and no right or license is granted to use them.
Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Deluxe Cleaners or its licensors.
Subject to your compliance with these Terms, Deluxe Cleaners grants you a limited, non-exclusive, non-transferable license: (A) to view, download and print any Content solely for your personal and non-commercial purposes; (B) to view any Content to which you are permitted access solely for your personal and non-commercial purposes; and (C) view and use the Services. You have no right to sublicense the license rights granted in this section, without our prior express, written consent.
All rights not expressly granted herein are reserved to Deluxe Cleaners and its licensors. Deluxe Cleaners reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
3.2 User Submissions
3.3 Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your account or password. Deluxe Cleaners reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. TERMS OF SERVICE
To use the Services, you must first sign up with Deluxe Cleaners. When signing up, we request that you provide Deluxe Cleaners with certain personal information so that we can provide you with the requested Services (such information may include name, email address, mobile telephone number, address for pick-up and delivery, and/or credit card data). Upon successful completion of your signing up with Deluxe Cleaners, Deluxe Cleaners will provide you with a personal account, which may be accessible by you with a password of your choice.
4.1 Use of the Service
You warrant that the information you provide to Deluxe Cleaners is accurate and complete. Deluxe Cleaners is entitled at all times to verify the information that you have provided and to refuse the Services without providing notice.
You may only access the Services using authorized means. It is your responsibility to check to ensure you are using the correct App and App version for your device. Deluxe Cleaners is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Deluxe Cleaners reserves the right to terminate the Services and the use of the App if used with an incompatible or unauthorized device.
Use of the Site and App is free of charge. Deluxe Cleaners reserves the right to introduce a fee for the use of these Services. If Deluxe Cleaners decides to introduce such a fee, Deluxe Cleaners will inform you accordingly and allow you to either continue or terminate the Services.
Deluxe Cleaners charges for the services that you request, which may include dry cleaning, laundered shirts, wash & fold, or related services (“Cleaning”). You agree that you will pay for all Cleaning you purchase through Deluxe Cleaners, and that Deluxe Cleaners may charge your credit card account as provided by you when registering for the Services for the Cleaning (including any taxes, late fees, or additional fees as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Deluxe Cleaners with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Deluxe Cleaners may use a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Deluxe Cleaners is not responsible for any errors by the Payment Processor.
5. TEXTING TERMS AND CONDITIONS
You may opt in to receive Deluxe Cleaners’s text messages (using autodialer technology) at the mobile number you provide to us. Your consent to receive our promotional texts is not a condition of purchase or use of the cleaning services. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. You can opt out of receiving our texts by following the instructions provided in those messages or otherwise reply to our texts with the “STOP” command. If you have any questions, you may reply “HELP” to any text from Deluxe Cleaners or contact us by texting “HELP” to 746-73.
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
You understand that there is inherent risk in Cleaning and there is potential for clothing and related items to get lost or damaged. Deluxe Cleaners will do its best to ensure situations like this do not happen, and in the instances they do happen, will work with you to help rectify the situation when you provide us with written notification identifying the concern with the Cleaning within fourteen (14) days of receiving your cleaned clothes and items. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Deluxe Cleaners’s aggregate liability in no event shall exceed an amount of $1,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.
In addition, the information, recommendations and/or services provided to you on or through the Services is for general information purposes only. The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Deluxe Cleaners may make changes or improvements at any time.
THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Deluxe Cleaners DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Deluxe Cleaners DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Deluxe Cleaners DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Deluxe Cleaners) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. THIRD-PARTY WEBSITES
The Service may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Deluxe Cleaners shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.
You agree to defend, indemnify, and hold Deluxe Cleaners, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys, agents, and partners harmless from and against any claims, costs, actions, demands, damages, losses, liabilities, expenses, and settlements including, without limitation, reasonable legal and accounting fees, arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your misuse of the Services.
10. MODIFICATION OR SUSPENSION OF THE SITE
You agree that Deluxe Cleaners may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
12. APPLICABLE LAWS
13. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
14. NOTICE AND TAKE-DOWN PROCEDURES
If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us (address identified below) and providing the following information: (A) identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (B) identification of the Submission that you believe to be infringing and its location; (C) your name, address, telephone number, and email address; (D) a statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (E) a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and (F) signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this website is as follows:
1810 Martin Luther King Jr Pkwy
Durham, NC 27707
Attn: Customer Care
In an effort to protect the rights of copyright owners, Deluxe Cleaners maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
15. INVALIDITY; MISCELLANEOUS
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full force and effect. Only you and Deluxe Cleaners are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
16. COMPLETE AGREEMENT